Terms and Conditions

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2 thoughts on “Terms and Conditions

  1. My father passed a few years ago, and my mother is still in good health at 78.
    I have 1 brother, and 1 half sister. I’m the one that lives near, and have always taken care of all their needs. They decided to leave the house to me, years ago – Mom had a will drawn up stating this. Problem is, the will excludes the other siblings and makes me the executor, to accomplish that. I won’t lie – I want the house to remodel and live in. There is still $32,000 owed on an equity line of credit, that comes with the house. I fully intend to turn any or all possesions and a handfull of savings bonds, over to my brother & sis, to be as fair as I can, but the exclusion might not go over too well. I’ve started reading about probate, and it sounds like it could be messy, and take a long time. I’ve been told I should try to get mom to put everything in a trust, to avoid probate. Does this sound like a good idea? I don’t know anything about this stuff. What’s your opinion?

    • Mike,

      Your mother is free to give the house to anyone she wants. Whether your siblings agree with your mother’s decision is a political issue, not a legal issue. (This assumes your mother was not under undue influence from you when she signed her will.) The politics will not go away if you use a revocable trust. A trust may be a good idea for avoiding probate-related legal fees, but it does nothing to soften the feelings of your siblings. One approach is for your mother to tell them during her life that the house will go to you. Your siblings cannot then contend that you twisted your mother’s arm to force that result. Your mom will not like the stress of having that discussion, but it will make your life easier in the years to come.


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